NR 460.06(5)(b)1.
1. Notifies the department of his or her intention to use an alternative test method at least 60 days before the performance test is scheduled to begin.
NR 460.06(5)(b)2.
2. Uses Method 301 in Appendix A of
40 CFR part 63, incorporated by reference in
s. NR 484.04 (25), to validate the alternative test method. This may include the use of specific procedures of Method 301 if use of the procedures is sufficient to validate the alternative test method.
NR 460.06(5)(b)3.
3. Submits the results of the Method 301 validation process along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in this subsection well in advance of the deadline specified in
subd. 1. to ensure a timely review by the administrator or the department in order to meet the performance test date specified in this section or the relevant standard.
NR 460.06(5)(c)
(c) The department shall determine whether the owner or operator's validation of the proposed alternative test method is adequate and issue an approval or disapproval of the alternative test method. If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the department approves the use of the alternative method. However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval or disapproval 45 days after submission of the request to use an alternative method and the request satisfies the requirements in
par. (b). The owner or operator is authorized to conduct the performance test within 60 calendar days after authorization to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding 3 sentences, the owner or operator may proceed to conduct the performance test as required in this section, without the department's prior approval of the site-specific test plan, if the owner or operator subsequently chooses to use the specified testing and monitoring methods instead of an alternative.
NR 460.06(5)(d)
(d) If the department finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the department may require the use of a test method specified in a relevant standard.
NR 460.06(5)(e)
(e) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of the source shall continue to use the alternative test method for subsequent performance tests at that affected source until he or she receives approval from the department to use another test method as allowed under this subsection.
NR 460.06(5)(f)
(f) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator's responsibility to comply with the requirements of
40 CFR part 63 or
chs. NR 460 to
469.
NR 460.06(6)
(6) Data analysis, recordkeeping, and reporting. NR 460.06(6)(a)(a) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the department in writing, results of a performance test shall include the analysis of samples, determination of emissions and raw data. A performance test is “completed" when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the department. The results of the performance test shall be submitted as part of the notification of compliance status required under
s. NR 460.08 (8). The owner or operator shall send the results of the performance test to the department.
NR 460.06(6)(b)
(b) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the department the records or results of the performance test and other data needed to determine emissions from an affected source.
NR 460.06(7)(a)(a) Until a waiver of a performance testing requirement has been granted by the department under this subsection, the owner or operator of an affected source remains subject to the requirements of this section.
NR 460.06(7)(b)
(b) Individual performance tests may be waived upon written application to the department if, in the department's judgment, the source is meeting the relevant standards on a continuous basis, or the source is being operated under a compliance date extension, or the owner or operator has requested a compliance date extension and the department is still considering that request.
NR 460.06(7)(c)1.1. If a request is made for a compliance date extension under
s. NR 460.05 (7), the application for a waiver of an initial performance test shall accompany the information required for the request for an extension. If no extension is requested or if the owner or operator has requested an extension and the department is still considering that request, the application for a waiver of an initial performance test shall be submitted at least 60 days before the performance test.
NR 460.06(7)(c)2.
2. If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report, but it shall be submitted at least 60 days before the performance test.
NR 460.06(7)(c)3.
3. Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test.
NR 460.06(7)(d)
(d) The department shall approve or deny a request for a waiver of a performance test made under
par. (c) when it does whichever of the following applies:
NR 460.06(7)(d)3.
3. Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report.
NR 460.06(7)(d)4.
4. Makes a determination of suitable progress towards compliance following the submission of a compliance progress report.
NR 460.06(7)(e)
(e) Approval of any waiver granted under this section may not in any way prohibit the department from later canceling the waiver. The cancellation shall be made only after notice is given to the owner or operator of the affected source.
NR 460.06 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97;
CR 00-175: am. (4) (b) (intro.), 1. and 2., (5) (a), (b) 3. and (c), renum. (4) (b) 3. and 4. to be (4) (b) 4. and 5. and am., cr. (4) (b) 3. and (5) (b) 4.
Register March 2002 No. 555, eff. 4-1-02; correction in (5) (b) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2002 No. 555;
CR 05-039: renum. (1) (b) (intro.) and 7. and (4) (b) 4. and 5. to be (1) (b) and (c) and (4) (b) 3. and 4. and am., r. (1) (b) 1. to 6., (4) (b) 3. and (5) (b) 4., am. (4) (b) 1., 2., (5) (a), (b) 1., 2., and (c),
Register February 2006 No. 602, eff. 3-1-06;
CR 07-105: am. (1) (b) and (c), cr. (1) (d)
Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (d) 1. and 2. made under 13.92 (4) (b) 4., Stats.,
Register December 2008 No. 636.
NR 460.07(1)(a)1.1. Unless otherwise specified in a relevant standard, this section applies to the owner or operator of an affected source required to do monitoring under that standard.
NR 460.07(1)(a)2.
2. Relevant standards established under
40 CFR part 63 or
chs. NR 460 to
469 will specify monitoring systems, methods or procedures, monitoring frequency and other pertinent requirements for sources regulated by those standards. This section specifies general monitoring requirements such as those governing the conduct of monitoring and requests to use alternative monitoring methods. In addition, this section specifies detailed requirements that apply to affected sources required to use CMS under a relevant standard.
NR 460.07(1)(b)
(b) For the purposes of
40 CFR part 63 and in
chs. NR 460 to
469, all continuous monitoring systems required under relevant standards shall be subject to the provisions of this section upon federal promulgation of performance specifications for continuous monitoring systems as specified in the relevant standard or otherwise by the department.
NR 460.07(2)(a)(a) Except as provided in
par. (am), monitoring shall be conducted as set forth in this section and the relevant standards unless the department or the administrator does any of the following:
NR 460.07(2)(a)1.
1. Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures.
NR 460.07(2)(a)2.
2. Approves the use of an intermediate or major change or alternative to any monitoring requirements or procedures.
NR 460.07(2)(am)
(am) Owners or operators with flares subject to
s. NR 460.10 (2) are not subject to the requirements of this section unless otherwise specified in the relevant standard.
NR 460.07(2)(b)1.1. When the emissions from 2 or more affected sources, are combined before being released to the atmosphere, the owner or operator may install an applicable continuous monitoring system for each emission stream or for the combined emissions streams, provided the monitoring is sufficient to demonstrate compliance with the relevant standard.
NR 460.07(2)(b)2.
2. If the relevant standard is a mass emission standard and the emissions from one affected source are released to the atmosphere through more than one point, the owner or operator shall install an applicable continuous monitoring system at each emission point unless the installation of fewer systems is any of the following:
NR 460.07 Note
Note: For example, instead of requiring that a CMS be installed at each emission point before the emissions from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device.
NR 460.07(2)(c)
(c) When more than one continuous monitoring system is used to measure the emissions from one affected source, the owner or operator shall report the results as required for each continuous monitoring system. However, when one continuous monitoring system is used as a backup to another continuous monitoring system, the owner or operator shall report the results from the continuous monitoring system used to meet the monitoring requirements of
40 CFR part 63. If both continuous monitoring systems are used during a particular reporting period to meet the monitoring requirements of
40 CFR part 63, then the owner or operator shall report the results from each continuous monitoring system for the relevant compliance period.
NR 460.07(3)
(3) Operation and maintenance of continuous monitoring systems. NR 460.07(3)(a)(a) The owner or operator of an affected source shall maintain and operate each CMS as specified in this section, or in a relevant standard, and in a manner consistent with good air pollution control practices.
NR 460.07(3)(a)2.
2. The owner or operator shall keep the necessary parts for routine repairs of the affected CMS equipment readily available.
NR 460.07(3)(a)3.
3. The owner or operator of an affected source shall develop a written startup, shutdown and malfunction plan for CMS as specified in
s. NR 460.05 (4) (c).
NR 460.07(3)(b)1.1. All CMS shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. In addition, CEMS shall be located according to procedures contained in the applicable performance specifications.
NR 460.07(3)(b)2.
2. Unless the individual standard states otherwise, the owner or operator shall ensure the read out, which is the portion of the CMS that provides a visual display or record, or other indication of operation, from any CMS required for compliance with the emission standard is readily accessible on site for operational control or inspection by the operator of the equipment.
NR 460.07(3)(c)
(c) All CMS shall be installed, operational and the data verified as specified in the relevant standard either prior to or in conjunction with the conduct of performance tests under
s. NR 460.06. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation and calibration of the system.
NR 460.07(3)(d)
(d) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:
NR 460.07(3)(d)1.
1. All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.
NR 460.07(3)(d)2.
2. All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation, which includes sampling, analyzing and data recording, for each successive 15-minute period.
NR 460.07(3)(e)
(e) Unless otherwise approved by the department, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Procedures shall provide a system check of all the analyzer's internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity.
NR 460.07(3)(f)
(f) The owner or operator of a CMS that is not a CPMS, which is installed in accordance with the provisions of
40 CFR part 63 and the applicable CMS performance specifications, shall check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the performance evaluation plan developed under
sub. (5) (c) 1. and
2. The zero (low-level) and high-level calibration drifts shall be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds 2 times the limits of the applicable performance specifications in the relevant standard. The system shall allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified, whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases shall be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces shall be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4% opacity. The CPMS shall be calibrated prior to use for the purposes of complying with this section. The CPMS shall be checked daily for indication that the system is responding. If the CPMS system includes an internal system check, results shall be recorded and checked daily for proper operation.
NR 460.07(3)(g)1.a.
a. The zero (low-level), mid-level, if applicable, or high-level calibration drift exceeds 2 times the applicable calibration drift specification in the applicable performance specification or in the relevant standard.
NR 460.07(3)(g)1.b.
b. The CMS fails a performance test audit, including a cylinder gas audit, relative accuracy audit, relative accuracy test audit or linearity test audit.
NR 460.07(3)(g)1.c.
c. The COMS calibration drift exceeds 2 times the limit in the applicable performance specification in the relevant standard.
NR 460.07(3)(g)2.
2. When the CMS is out of control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check, such as calibration drift, that indicates an exceedance of the performance requirements established under
40 CFR part 63. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out of control, recorded data may not be used in data averages and calculations or to meet any data availability requirement established under
40 CFR part 63 and in
chs. NR 460 to
469.
NR 460.07(3)(h)
(h) The owner or operator of a CMS that is out of control as defined in
par. (g) shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in
s. NR 460.09 (5) (c).
NR 460.07(4)(a)(a) The results of the quality control program required in this subsection shall be considered by the department when it determines the validity of monitoring data.
NR 460.07(4)(b)
(b) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of this section and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the department for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in
sub. (5) (c) 1., according to the procedures specified in
sub. (5). In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:
NR 460.07(4)(b)2.
2. Determination and adjustment of the calibration drift of the CMS.
NR 460.07(4)(b)3.
3. Preventive maintenance of the CMS, including spare parts inventory.
NR 460.07(4)(b)5.
5. Accuracy audit procedures, including sampling and analysis methods.
NR 460.07(4)(c)
(c) The owner or operator shall keep the written procedures required by
par. (b) on record for the life of the affected source or until the affected source is no longer subject to the provisions of
40 CFR part 63 or
chs. NR 460 to
469, to be made available for inspection, upon request, by the department. If the performance evaluation plan is revised, the owner or operator shall keep previous versions of the performance evaluation plan on record to be made available for inspection, upon request, by the department, for a period of 5 years after each revision to the plan. Where relevant, these written procedures may be incorporated as part of the affected source's startup, shutdown and malfunction plan to avoid duplication of planning and recordkeeping efforts.
NR 460.07(5)
(5) Performance evaluation of continuous monitoring systems. NR 460.07(5)(a)(a)
General. When required by a relevant standard, and at any other time as may be required under section 114 of the act (
42 USC 7414), the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. The performance evaluation shall be conducted according to the applicable specifications and procedures described in this section or in the relevant standard.
NR 460.07(5)(b)
(b)
Notification of performance evaluation. The owner or operator shall notify the department in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under
s. NR 460.06 (2) or at least 30 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
NR 460.07(5)(c)
(c)
Submission of site-specific performance evaluation test plan. NR 460.07(5)(c)1.1. Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the department for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
NR 460.07(5)(c)2.
2. The internal quality assurance program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the department of instrument calibration, data validation, sample logging and documentation of quality control data and field maintenance activities.
NR 460.07(5)(c)3.
3. The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the department at least 30 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the department shall occur with the review and approval of the site-specific test plan under
s. NR 460.06 (2).
NR 460.07(5)(c)4.
4. The department may request additional relevant information after the submittal of a site-specific performance evaluation test plan.
NR 460.07(5)(c)5.
5. In the event that the department fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified under
s. NR 460.06 (2), the following conditions shall apply:
NR 460.07(5)(c)5.a.
a. If the owner or operator intends to demonstrate compliance using the monitoring methods specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this chapter using the specified methods.
NR 460.07(5)(c)5.b.
b. If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the department approves the use of the alternative method. If the department does not approve the use of the alternative method within 5 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in
par. (d) may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the department approves the use of the alternative method.
NR 460.07(5)(c)5.c.
c. Notwithstanding the requirements in
subd. 5. b., the owner or operator may proceed to conduct the performance evaluation as required in this section, without the department's prior approval of the site-specific performance evaluation test plan, if the specified monitoring methods is subsequently chosen instead of an alternative.
NR 460.07(5)(c)6.
6. Neither the submission of a site-specific performance evaluation test plan for approval, nor the department's approval or disapproval of a plan, nor the department's failure to approve or disapprove a plan in a timely manner shall cause any of the following:
NR 460.07(5)(c)6.a.
a. Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of
40 CFR part 63,
chs. NR 460 to
469 or with any other applicable federal, state or local requirement.
